What options do I have with a cemetery which has not upheld their end of a contract?

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What options do I have with a cemetery which has not upheld their end of a contract?

My mother died 3months ago, the cemetery still has not engraved her headstone. The headstone was already in place from my father all they need to do is engrave the date she died. We were promised a month tops but despite numerous phone calls and complaints it still is not done. What can I do about it? Obviously I can’t take my business elsewhere I feel like I don’t have many options.

Asked on September 17, 2010 under General Practice, Idaho

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your option is to, if necessary, bring a legal action against the cemetary in order to force them to honor their contract and/or pay monetary damages for their breach. A contract is binding on both parties; as long as one party has honored its obligations, the other party must then honor its own. Unfortunately, there is no mechanism to force someone to do so other than by suing. Often, once there is a letter from a lawyer and a threat of a lawsuit, the noncomplying party will agree to honor its obligations to avoid the cost, distraction, etc. of a lawsuit...but if they still don't do so when a demand is made on them to obey the contract, then the last resort is to actually sue them and go to court.


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